a judge dismised a charge of disorderly conduct. The arresting police officer has appealed his decision,?

Question

The police officer is appealing nd issued another complaint and taking it back to court is this ok to do once the judge dismissed the case

Answer 1

I think it's called double jeopardy.....You can't be tried for the same thing twice.......

Answer 2

Yes they can continue a case after a dismissal if the dismissal was done without prejudice. That means it can be reopened. Generally a dismissal is done until follow up to a criminal complaint can be done. Often the prosecutor will "forward" the complaint back to the police for more information. When the prosecutor gets it back then a review is done. If at that time it shows promise of being a conviction, then a case is opened againn and summons or warrant is issued.

Sorry, but this is not double jeopardy. That rule only applies when you have been tried on a charged. The process is then complete with a verdict or adjudication. That has not happened in your situation. Sorry, best of luck.

Answer 3

~Maybe. It all depends. Maybe not. That depends, too.
Sorry the answer is lacking, but it's more than the question warrants.

For instance:
What jurisdiction are you in?
Was the dismissal with prejudice or without prejudice?
Was it based on procedural error?
Was it based on insufficient factual allegation in the accusatory part of the charging instrument?
Was it on motion of a party or sua sponte?
Has the statute of limitations run?
Does the superceding information or complaint charge the same act or is it, in fact a new information or complaint charging different conduct, albeit still within the parameters of the disorderly conduct legislation?
Do you have a clue what I'm talking about?
Do you have a clue what you are talking about?

Answer 4

I don't think so. the cop has the right to appeal the Judge's descision, but re-filing a complaint because it was rejected contravenes the legal principle of double jeopardy.
Double jeopardy is a safeguard within the legal system that basically prohibits someone from being tried twice for the same issue.

Answer 5

Yes. Double jeopardy does not apply as you describe it because to be tried for this crime twice you would first have to have exhausted all appeals once, reaching a disposition in the case and THEN later being subpoenaed back to court to face charges a second time for the same arrest. So the appeals process and possible multiple appearances is still the initial process of trying this crime for the first time. (I had a neighbor who was once required to appear in court 15 times for a single misdemeanor charge of DUI over the span of about 18 months. While that is excessive and indicates a flawed judicial system in his case it is still legal)

Answer 6

what grounds, the answer is that the police can appeal same as you. if there are grounds for the appeal it might be heard, but why is there a new complaint, there should only be the one charge which was already heard and the judges decision is being appealed, not a new charge for the same offence.

Answer 7

Everyone has the right to appeal a decision. What had the person done to anger the officer - remember respect- decorum, clean shaving, a haircut and a good lawyer goes a long way. Good luck.

Answer 8

yes everyone has the right to appeal even if it's a dismissed case. There might be additional circumstances or evidence that wasn't brought forward before that might be now.

Answer 9

The officer can appeal the judges decission just like you could if the judge ruled in your behalf

Answer 10

Hye, it's the cop's right to appeal the decision. Just like your's if it went the other way. Now though, it's his butt on the line if it's shot down again.

Answer 11

you must have really upset that police officer what the heck did you do pee on his tire? LOL i agree with the others sounds like double jepordy